[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Rules and Regulations]
[Pages 54187-54188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21678]
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DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 0
[OAG Docket No. 143; AG Order No. 3464-2014]
Office of the Pardon Attorney
AGENCY: Office of the Attorney General, Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule revises certain regulations of the Department of
Justice (the ``Department'') that govern the Pardon Attorney. The rule
conforms the regulations to current practice, under which the Pardon
Attorney is subject to the direction of, and submits recommendations in
clemency cases through, the Deputy Attorney General.
DATES: The rule is effective on September 11, 2014.
FOR FURTHER INFORMATION CONTACT: Deborah Leff, United States Department
of Justice, Suite 11000, 1425 New York Avenue NW., Washington, DC
20530, or by telephone at (202) 616-6070.
SUPPLEMENTARY INFORMATION: Present regulations of the Department of
Justice provide that the Pardon Attorney is subject to the direction of
the Associate Attorney General, and that the Pardon Attorney shall
submit all recommendations in clemency cases through the Associate
Attorney General, who in turn shall exercise such discretion and
authority as is appropriate and necessary for the handling and
transmittal of such recommendations to the President. See 28 CFR 0.35-
0.36.
However, it has long been the internal practice of the Department
for the Pardon Attorney to be subject to the direction of the Deputy
Attorney General, and to submit clemency recommendations through the
Deputy Attorney General for handling and transmittal, rather than
through the Associate Attorney General.
This rule conforms Department regulations to current practice.
Administrative Procedure Act
This rule is a rule of agency organization, procedure, and practice
and is therefore exempt from the usual requirements of prior notice and
comment and a 30-day delay in effective date. See 5 U.S.C. 553(b). This
rule is effective upon publication.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this rule and by approving it
certifies that this rule will not have a significant economic impact on
a substantial number of small entities because it applies only to
agency organization, procedure, and practice. Further, a Regulatory
Flexibility Analysis was not required to be prepared for this rule
because the Department was not required to publish a general notice of
proposed rulemaking.
Executive Orders 12866 and 13563--Regulatory Review
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review,'' section
1(b), Principles of Regulation, and in accordance with Executive Order
13563, ``Improving Regulation and Regulatory Review,'' section 1(b),
General Principles of Regulation.
The Department has determined that this rule is not a ``significant
regulatory action'' under section 3(f) of Executive Order 12866,
``Regulatory Planning and Review,'' and accordingly this rule has not
been reviewed by the Office of Management and Budget.
Executive Order 13132--Federalism
This rule does not have federalism implications warranting the
preparation of a Federalism Assessment under section 6 of Executive
Order 13132 because it is a rule of agency organization, procedure, and
practice.
Executive Order 12988--Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and
[[Page 54188]]
3(b)(2) of Executive Order 12988, ``Civil Justice Reform.''
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
This action pertains to agency management and, accordingly, is not
a ``rule'' as that term is used by the Congressional Review Act
(Subtitle E of the Small Business Regulatory Enforcement Fairness Act).
Therefore, the reports to Congress and the General Accounting Office
specified by 5 U.S.C. 801 are not required.
List of Subjects in 28 CFR Part 0
Administrative practice and procedure, Authority delegations
(Government agencies), Government employees, Organization and functions
(Government agencies), Privacy, Reporting and recordkeeping
requirements, Whistleblowing.
Accordingly, by virtue of the authority vested in me as Attorney
General, including 5 U.S.C. 301 and 28 U.S.C. 509, 510, Chapter I of
title 28 of the Code of Federal Regulations is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
0
1. The authority citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
Subpart G--Office of the Pardon Attorney
Sec. 0.35 [Amended]
0
2. In Sec. 0.35, remove the words ``Associate Attorney General'' each
place they appear and add in their place the words ``Deputy Attorney
General''.
Sec. 0.36 [Amended]
0
3. In Sec. 0.36, remove the words ``Associate Attorney General'' each
place they appear and add in their place the words ``Deputy Attorney
General''.
Dated: September 5, 2014.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2014-21678 Filed 9-10-14; 8:45 am]
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